NEW DELHI: In a blow to Congress government in Telangana, the Supreme Court on Tuesday asked it to replace retired judge L Narasimha Reddy from one-man Commission of Inquiry set up to investigate into the role of former Chief Minister K Chandrasekhar Rao in alleged irregularities in the power sector.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra castigated the judge, saying he has crossed the bar by holding a press conference and expressing his opinions.
In the wake the top court's damning observations, Justice Reddy, former chief justice of the Patna High Court swiftly stepped down from his position in a face loss to the state government, accused of indulging in vendetta politics.
Considering the petition by Rao alleging bias, the bench said justice must seen to be done.
"This exactly is a matter in which he has to inquire into…at this stage, he cannot hold a press conference…but he has crossed that bar now with his expression of his opinion," the bench told senior advocate A M Singhvi appearing for the state government.
The bench emphasised the problem is that there appeared to be observations on the merits and the inquiry report affected the reputation of a person.
“We are giving an opportunity to replace the judge of the Commission of Inquiry. Appoint some other judge. Because there has to be an impression that justice must seem to be done. He is a Commissioner of Inquiry…he expressed views on merits," the bench said.
The court also said it is a little untoward for a person, who is a judge. If he had not made certain observations on the merits, then the court would have not interfered, the bench clarified.
On behalf of KCR, senior advocate vehemently contended that the entire case is based on "political vendetta".
"Whenever there is a change in government, the former Chief Minister is targeted," he said.
The court disposed of KCR's plea, after recording the state government’s statement that a new person would be appointed to head the Commission of Inquiry.
Senior advocate Gopal Sankaranarayanan, appearing for Justice Reddy, submitted that the allegation of bias, was being levelled wrongly against his client.
BRS leader, Rao approached the court after the High Court dismissed his plea to declare as “illegal” the constitution of a Commission to Inquiry into the alleged irregularities in the power sector during his tenure as the chief minister of Telangana.